House of Lords Journal Volume 26: January 1744, 11-20

January 1744, 11-20

DIE Mercurii, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Viscountess Doneraile against Viscount Doneraile, Leave to appeal.

A Petition of Catherine Sarah Lady Viscountess Dowager Doneraile, was presented, and read; setting forth, "That, she being aggrieved by a Decree or Order of Dismissal of the Court of Chancery in Ireland, of the 18th of July 1743, and subsequent Proceedings thereon, an Appeal from the same has been prepared; but the Petitioner has been prevented from bringing the same within the Time limited by the Standing Order, the last Decree not being signed till the 22d of December last;" and praying, "That the said Appeal may be now received."

Ordered, That the said Appeal be received, as desired.

Appeal received.

Accordingly, the said Appeal was presented and read; complaining of the said Decree and Order of Dismissal; and praying, "That the same may be reversed, with Costs; and that the Appellant be otherwise relieved, as to the House shall seem meet; and that Arthur Mohun Lord Viscount Doneraile may be required to put in his Answer."

Ordered, That the said Lord Viscount Doneraile may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Wed nesday the 15th Day of February next; and that Service of this Order on his Lordship's Clerk in Court in the said Court of Chancery in Ireland be deemed good Service.

E. Home against Clarke.

A Petition of William Earl of Home, was presented, and read; praying Leave to amend his Appeal, which stands to be heard on Monday next, by adding thereunto some Parties omitted; the Petitioner amending the Respondent's Copy; and that the Hearing may be put off to such Time as the House shall think fit.

And thereupon the Agents on both Sides were called in, and heard.

And being withdrawn:

Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, on the Condition abovementioned; and that the said Hearing be put off to Wednesday the First Day of February next.

Carre & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mr. John Carre of Cavers, Advocate, and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Mr. John Carre of Cavers, Advocate, to sell Lands in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled."

Lords added to the Committee for perusing the Journal.

Ordered, That all the Lords that have been present in the House this Session, and not of the Committee appointed for perusing the Journals, be added to the said Committee.

D. Beaufort's Divorce, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Overseers of the Poor, to give Notice of Rates, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to oblige Overseers of the Poor to give Public Notice of Rates made for the Relief of the Poor, and to produce the same."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, duodecimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Countess of Holdernesse to be naturalized:

Upon reading the Petition of Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse; praying Leave to bring in a Bill for her Naturalization:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly, the Earl Fitzwalter presented a Bill, intituled, "An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse."

And the same was read the First Time.

Ld. Caher & al. Petition referred to Judges.

Upon reading the Petition of Thomas Lord Baron of Caher, in the Kingdom of Ireland, and James Butler Esquire his Eldest Son and Heir Apparent, and Christian his Wife; praying Leave to bring in a Bill, for Sale of divers Manors, Lands, Tenements, and Hereditaments, in the Counties of Waterford and Tipperary, in the aforesaid Kingdom, belonging to his Lordship, for Payment of Debts, and discharging Encumbrances, to which the same are liable; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Burnet; with the usual Directions, according to the Standing Order.

Stewart against Graham.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Captain John Stewart is Appellant, and William Graham Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 8th of February next.

Overseers of the Poor to give Notice of Rates, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to oblige Overseers of the Poor to give public Notice of Rates made for the Relief of the Poor, and to produce the same."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Carre's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Mr. John Carre of Cavers, Advocate, to sell Lands, in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 27th Instant; and to adjourn as they please.

Viscountess Doneraile against Viscount Doneraile:

The House was informed, "That a Person attended, in order to deliver in certain Papers, Pleadings, and Proceedings, in the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent."

Pleadings proved.

He was thereupon called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

D. Beaufort's Divorce, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Calder & al. against Provan:

After hearing Counsel, upon the Petition and Appeal of Patrick Calder, of Reedford and William Anderson Surgeon in Straith; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th of July 1741; and of certain Interlocutors of the Lords of Session, of the 23d and 31st of July 1742, and 7th of January last, made on the Behalf of Mary Provan; and praying, "That the same might be reversed, varied, or altered; and that the Interlocutor of the said Lords, of the 21st of June 1742, sustaining the Appellants Defences and Assolzeing, might be affirmed; and that the Appellants might have such other Relief as to the House should seem meet:" As also upon the Answer of the said Mary Provan put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for her Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Beaufort's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:

To carry down the said Bill, and desire their Concurrence thereunto.

Westonbirt Commons, enclosing Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields called The North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the 31st Instant, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Breadalbane against Menzies & al.

The Answer of James Menzies of Culdares Esquire, to the Appeal of John Earl of Breadalbane, and His Majesty's Advocate for Scotland, was brought in:

As was also, the Answer of Angus M^cDonald of Kenknock Gentleman, to the same Appeal.

Chatham Road, Bill.

A Message was brought from the House of Commons, by Sir Edward Deering and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent;" to which they desire the Concurrence of this House.

Thunn's Nat. Bill.

A Message was brought from the House of Commons, by Mr. Warburton and others:

With a Bill, intituled, "An Act for naturalizing John Rudloff Thunn, of London, Merchant;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Countess of Holdernesse's Nat. Bill.

This Day Mary Countess of Holdernesse, at the Table, took the Oaths appointed, in order to her Naturalization.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Shone & al. against Crook:

Upon reading the Petition of Richard Crook, Defendant in a Writ of Error depending in this House, wherein Peter Shone and others are Plaintiffs; praying, In regard the Plaintiffs have not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Menzies against E. Breadalbane & al.

Upon reading the Petition and Appeal of James Menzies of Culdares Esquire; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 21st of December 1742; and of another Interlocutor of the said Lords, of the 23d of November 1743, adhering thereto, made on the Behalf of John Earl of Breadalbane, and His Majesty's Advocate for Scotland; and praying, "That the same may be reversed, varied, or amended; and that the Appellant may have such other Relief in the Premises as to the Wisdom and Justice of this House shall seem meet; and that the said Earl of Breadalbane and His Majesty's Advocate, and Angus M^cDonald of Kenknock, may be required to answer the said Appeal:"

It is Ordered, That the Parties last named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 14th Day of February next; and that Service of this Order on their Procurators or Agents in the Court below be deemed good Service.

Ouchterlony against Hunter.

Upon reading the Petition and Appeal of George Ouchterlony of London Merchant; complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland; the last whereof, dated 21st December 1743, made on the Behalf of Robert Hunter; and praying, "That the same may be reversed, varied, or amended, and such Relief given the Appellant as to this House in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Robert Hunter may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 14th Day of February next; and that Service of this Order on any of his Agents or Procurators in the Court below be deemed good Service.

Stewart to amend his Appeal.

Upon reading the Petition of Captain John Stewart, otherwise Coltraine, of Phisgill; praying Leave to amend his Appeal, by adding thereto an Interlocutor of the Lord Ordinary, of the 29th June 1743; the Petitioner amending the Respondent's Copy:

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired, on the Condition above-mentioned.

Sir Robert Sutton & al. Petition referred to Judges.

Upon reading the Petition of Sir Robert Sutton Knight of the Bath, and Judith Countess of Sunderland his Wife, for themselves, and on the Behalf of John Sutton and Richard Sutton their Sons, who are both Infants; and also of Robert Sutton Esquire, Eldest Son and Heir of General Richard Sutton, deceased, for himself and on the Behalf of Robert Sutton, his only Son, an Infant, and also of Richard Sutton Clerk, Youngest Son of the said General Richard Sutton; praying Leave to bring in a Bill, for Sale of an Estate, in the County of Nottingham, in the Petition mentioned, for discharging certain Mortgages; and for laying out the Surplus of the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Merzies against E. of Breadalbane & al.

The joint and several Answer of John Earl of Breadalbane and His Majesty's Advocate, Two of the Respondents to the Appeal of James Menzies of Culdares Esquire, was brought in.

Countess of Holdernesse's Nat. Bill.

The Earl Fitzwalter reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without Amendment."

Ordered, That the said Bill be engrossed.

Chatham Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.

Thunn's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Rudolff Thunn, of London, Merchant."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before-mentioned:

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

D. Buccleuch & al. Petition referred to Judges.

Upon reading the Petition of Francis Duke of Buccleuch and Francis Scott Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to the said Duke; praying Leave to bring in a Bill, for confirming and securing the Jointure settled by the said Earl upon the Lady Caroline Campbell his Wife; and for empowering the said Duke, and the other Heirs of Entail succeeding to the Estate of Buccleuch, to settle Jointures upon their respective Wives, and upon the Wives of their next Heir of Entail, in such Manner as they shall judge proper; provided that such Jointures do not at one and the same Time exceed One Third of the Free Rents of the said entailed Estate:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr. Justice Wright; with the usual Directions, according to the Standing Order.

Wright & al. Petition referred to Judges.

Upon reading the Petition of Robert Wright Gentleman and Catherine his Wife, on the Behalf of themselves and of Rebecca and Catherine Wright their Infant Children, and Roger Hawyes Doctor in Divinity; praying Leave to bring in a Bill, to sell an undivided Moiety of an Estate in Blackland, in the County of Wilts; and for settling certain Estates, in Laxfield in the County of Suffolk, and Burston in the County of Norfolk, of greater Value, to the same Uses as the said undivided Moiety stands settled:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Bur nett and Mr. Baron Clerk; with the usual Directions, according to the Standing Order.

Sir Peter Byrne's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne, Baronet, deceased, in the Kingdom of Ireland; and also to enable Sir Peter Byrne Baronet, and his Issue, to take and use the Surname of Leicester only, pursuant to the said Will," was committed, be revived; and meet on Tuesday next.

Countess of Holdernesse's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To carry down the said Bill, and to desire their Concurrence thereto.

Address for Estimate of the Charge of the Hanover Troops;

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that a Copy of the Estimate of the Charge of the Troops of Hanover, in the Pay of Great Britain, for the Year 1744, be laid before this House."

and for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1742, and 31st of December 1743; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Addresses be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.